DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Complaint No. CC/14/358 of 3.12.2014.
Decided on: 13.02.2015.
Kamaljit Mehra aged about 28 years, S/o. Sh. Ranbir Singh, resident of # 120/C, Street No.2, Deep Nagar, Patiala.
….….Complainant.
Versus
- Singla Communication, New Leela Bhawan, Patiala.
- Karbonn Mobiles #39/13, Off 7th main, HAL 2nd stage Appareddy Palya, Indiranagar, Bangalore-560038 Head Office Phone Number: +91-80 40894888.
- Trade Bazaar Hometech Ventures LLP., 7 Mittal Ind. Estate, Andheri Kurla Road, Sakinaka, Andheri East, Mumbai-400059, Maharashtra, India.
….…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act.
QUORUM
Sh. D.R. Arora, President.
Smt. Neelam Gutpa, Member.
Smt. Sonia Bansal, Member.
Present: Sh. Kamaljit Singh complainant in person.
Opposite party No.1 ex-parte.
ORDER
SONIA BANSAL:
1. The complainant purchased a mobile handset make Karbonn Titanium S-9 (Pearl White) from O.P. no.2 i.e. Karbonn Mobiles, Bangalore for a sum of Rs.9,999/- vide invoice no.MH-BOMI-137053881-7246 dated 11.03.2014. After 5 to 6 months, the said mobile handset started creating problems like ‘camera error’ and ‘touch screen problem’. The complainant approached the service centre of Karbonn Mobiles i.e. O.P no.1, Singla Communications, who told the complainant that it is a problem of software and it updated the software and returned the mobile handset to the complainant.
2. It is further averred that the said mobile hand set again started giving problem and the complainant again went to the service centre where he was told to submit his mobile phone and accordingly, the complainant submitted his mobile phone with O.P. no.1 on 29.10.2014 and the complainant was told to collect his mobile handset after 15-20 days but more than 2 months have passed and the mobile handset is still lying with the service centre. The complainant approached the O.P. time and again but to no use. It is alleged by the complainant that all these facts show that there is a clear cut deficiency in service on the part of the O.Ps. as the defect occurred in the mobile handset during the warranty period. Accordingly, the complainant approached this Forum through the present complaint under Section 12 of the Consumer Protection Act, 1986 (for short the Act) for a direction to O.P. no.1 to return the mobile handset after rectifying the defect and also to pay him Rs.50,000/- by way of compensation on account of harassment and mental agony undergone by him along with the cost of litigation.
3. Here it may be noted that cognizance of the complaint was taken against O.P no.1 only, who failed to appear despite service and was thus proceeded against ex-parte.
4. In support of his claim, the complainant produced in evidence Ex. CA, his sworn affidavit along with documents Ex. C1 to Ex. C2 and closed his evidence.
5. The complainant filed written arguments. We have examined the same, heard the complainant in person and also gone through the evidence on record.
6. Ex. C1 is the copy of invoice whereby the complainant purchased one mobile handset on 11.03.2014 from O.P. no.2. After 5-6 months, the said mobile handset developed the problem like ‘camera error’ and ‘touch screen problem’. Ex. C2 is the copy of job sheet dated 29.10.2014 which shows that the complainant approached the service centre of Karbonn Mobiles i.e. O.P. no.1 Singla Communications to get the defect occurred in the mobile, rectified.
7. Since then the mobile handset is lying with O.P. no.1 i.e. Singla Communications who has neither rectified the defect in the mobile hand set nor returned the mobile phone to the complainant. The defect occurred in the mobile phone during the warranty period and O.P was liable to rectify the defect, but it failed to do so and it amounted to deficiency in service on its part.
8. In view of the aforesaid discussion, we accept the complaint exparte and direct O.P no.1 to repair the mobile hand set to the full satisfaction of the complainant. The O.P no.1 is also obliged to pay a sum of Rs.2,000/- to the complainant as compensation for the harassment undergone by the complainant which is inclusive of the costs of litigation. Order be complied by O.P. no.1 within a period of one month from the date of receipt of certified copy of the order.
Pronounced.
Dated: 13.02.2015.
Neelam Gupta D.R. Arora Sonia Bansal
Member President Member
